ok, it was my friend applying to have a contact order enforced. Mother made horrible allegations to justify her actions and judge let her off after he said about a complaint about another judge. he also dramatically reduced contact order even though evidence showed that allegations were false. Father (my friend) walked out in disgust and judge then reordered that contact be put back a further week.
ok father had a contact order other wekend, 3 calls a week and half holidays. Every year when summer holidays are due to begin mother makes allegations. This time authorities found allegations had no foundation so did not investigate so mother just stopped anyway.(last time they found they had no foundation after an investigation), Father took her to court to have order enforced. Judge said he thought she had reason to stop contact but that it needed to be resumed immediately and said contact shall start at weekend but be one day a week and one call a week no holiday (summer holidays were over by now). Father said thats not fair and expressed concerns re his race - judge said you said that about judge yelton and then ordered it. Father walked out. Court sent an email putting back contact resume a further week.
I just need to know if a different judge can be requested, especially a specific one who has in the past proved impartial. please. There is a judge who has been equally quite unpleasant to both of them so Father would like her to be presiding but especially not Greene who has been there this time. Previously different judges have been involved, no continuity but Greene is insisting on himself this time. He also refuses to let anyone in with Nick unless they are a professional though Jo's husband can go in with her all the time. legal representation is not an option
he went there with a stack of evidence showing allegations were contrived.and judge ignored it, said it didnt matter. Nick asked is it my colour? judge said that's what you said about judge yelton ( which wasn;t excatly true either). Nick posed the question in that occasion is it my gender is it my race? why are you accepting mothers word despite evidence ?
complaint came back that they do not investigate a judges decision. so final hearing is on 13 Feb
it has turned into deciding what contact he can now have
he has no confidence that this judge would be impartial
he hasn't asked. one minute he made an application to have his contact order enforced. Judge has backed mother and reduced contact order and ordered a cafcass report. mothers request. this is the hearing where the judge decides what dad can get.
I just need to know how we can go about getting him disqualified from determining in this case as we suspect he is biased.
sorry - thank you by the way!
that was incredibly rude of me to just pile in like that!
the original order was made after her last false allegation (that he hit the children). huge investigation, quicly noted inconsistencies thoughThat was a good judge. she was not hoodwincked. it was september 2013. after Nick lost all the summer holidays ( they were going to be the first summer holidays) the previous summers he had a week at a time but this judge almost punished jo false allegation. This time he just was scary. while this was going on though she told her daughter that she (the daughter) had a bad dream and she said out loud in her sleep that her daddy has touched her inappropriately and that she needs to tell social services who rather conveniently were coming to interview her that day anyway. Investigation very quick established nothing had happenned. anyway, john is 8 i think and mandy is 7
well, that went fine, holiday sharing was problematic at times eg if the school broke up on a Thursday, she would effectively "steal" the Friday if he didn't know or if the holiday started with a weekend that was hers she would say the weekend arrangements still held and after that the holiday contact would resume but on the whole they were fine, the phone calls 3 times a week he was lucky to get 1. unfortunately cafcass are saying that his objections to her behaviour are emotionally damaging and not saying how emotionally damaging her actions are. one time mandy forgot a lipgloss and was really upset so he went to their house (collection was a supermarket car park), parked outside while Mandy went and got it. She got the police round saying he was harrassing. One time they went to see Nicks mum in London birthday. mother saw photo on facebook - happy birthday nan -. She called the police saying he had abducted them and they instigated a search of his girlfriends house and he had to go to the police station when they got back. Unfortunately the poolice are reluctant to take any form of action to stop her behaviour.
This is the only one. The are many factual errors in it and when he tried to have them corrected as it said how he could they told him he had to ask the court to order the author to attend the hearing examination. Seems wierd but he has asked the court this. Whether the judge orders her we have yet to know. Reports also has many omissions. and focuses on father. it uses clever language techniques - positive words before mentioning mother, negative words before mentioning father, and an extraordinary amount of padding. Thought this was wierd. Then when I glanced down LHS of page it had powerfully loaded statements so the padding served to make sure lines started with certain words. Difficult to explain but you kind of get a hidden message of you read down left hand side. It is subliminal manipulation but I guess most organisations who want to sway the reader will do this. Anyway, complaint made, ignored and its off to the ombudsman. Court has report anyway and damage done so purpose served.
boy is 8 and girl is 7
I expect you have heard this story so many times.
Bit of extra background - this first started on 2009. He came home from work one day and the house was empty. It took 4 months to see them - she had been having an affair. Anyway she came back not - another affair, same scenario - he came home from work. This time 10 months before he could get to court and see them again. Cafcass used his 2 applications against him saying adult issues and court are detrimental to their well being.
That he attends a contact centre once a week as it is important that they stay in contact and though they recommend this they acknowledge this is not likely to happen as the resources are not there to happen. We were all rocked by this! A total bolt out of the blue.I know I must sound like a conspiracy theorist but something is not right here.
the 2013 social services report showed the lie. No one noticed except us. Lots of embarrassed faces in court. A week later the social worker no longer worked there. Same social services office involved this time.... is it revenge? Thats rhetorical.
That's just it - they are not. they say he is focused in the past and cannot move on, that he maintains that 7 hours a week and one phone call does not make him feel like a father and so they need "to minimise the detrimental emotional impact they children might experience" (this is the reason they state) and mentioned that he walked out of the court in disgust and now they have painted him as angry too. but they acknowledge no physical danger but mention he was beaten with a stick as a child by his mother (they say this is due to a cultural difference). His mother lives in the West Indies so I don't see how that is relevant.
Basically he wants what he had back. the judge pandered to her lies, lessened it and when it turned out she was lying again judge did not reverse his decision because by that time Nick had walked out in disgust.
he is my ex husband and my best friend. He will try anything Im sure
he would do anything children. They plead with him to do something. I speak to them each week. It is heartbreaking
he has tried every way he can think of so far; he has been so patient to begin with. I am sure he will try any suggestion